Negligence – Puerto Rico law – Medical malpractice

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Where summary judgment was awarded to a defendant physician in a medical malpractice suit, that decision should be upheld, as there was no error in the lower court’s determination that the defendant fell within the ambit of a Puerto Rico statute that grants immunity to certain health care professionals.

“This appeal runs aground on the bedrock principle that a party opposing summary judgment must adduce specific evidence sufficient to create a genuine issue of material fact. … The plaintiffs — Norene Rodríguez and Iris Aida Rodríguez Rodríguez, sisters who are appellants here — challenge the district court’s entry of summary judgment in favor of defendants-appellees Encompass Health Rehabilitation Hospital of San Juan, Inc. (Encompass) and Dr. José Báez Córdova (Dr. Báez). The plaintiffs had sued the defendants for medical malpractice in connection with the treatment of their now-deceased mother, Gloria Rodríguez González. They alleged that the defendants were negligent in caring for their mother as she struggled to recover from a severe bout of the COVID-19 virus. The district court rejected the plaintiffs’ claims, concluding that they had not demonstrated any genuine issue of material fact and that the defendants were entitled to judgment as a matter of law. … After careful consideration, we affirm. …

“… The district court reasoned that — as a matter of undisputed fact — Dr. Báez fell within the ambit of the Puerto Rico statute that grants immunity to certain healthcare professionals from medical malpractice claims. … The plaintiffs’ claim of error turns on the validity of the district court’s core determination that Dr. Báez was immune from suit for all relevant conduct. An examination of the record leads us to conclude that Dr. Báez is immune.”

Rodríguez, et al. v. Encompass Health Rehabilitation Hospital of San Juan, Inc., et al. (Lawyers Weekly No. 01-018-25) (19 pages) (Selya, J.) Appealed from the U.S. District Court for the District of Puerto Rico (Docket No. 23-1929) (Jan. 23, 2025).

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